A BILL to amend and reenact §50-1-8 and §50-1-9 of the Code of West
Virginia, 1931, as amended, all relating to increasing
salaries for magistrate clerks, magistrate assistants and
magistrate deputy clerks.

Be it enacted by the Legislature of West Virginia:
That §50-1-8 and §50-1-9 of the Code of West Virginia, 1931,
as amended, be amended and reenacted to read as follows:ARTICLE 1. COURTS AND OFFICERS.

(a) In each county having three or more magistrates the judge
of the circuit court or the chief judge of the circuit court, if
there is more than one judge of the circuit court, shall appoint a
magistrate court clerk. In all other counties the judge may
appoint a magistrate court clerk or may by rule require the duties of the magistrate court clerk to be performed by the clerk of the
circuit court, in which event the circuit court clerk is entitled
to additional compensation in the amount of two thousand five
hundred dollars per year. The magistrate court clerk serves at the
will and pleasure of the circuit judge.
(b) Magistrate court clerks shall be paid a monthly salary by
the state. Magistrate court clerks serving magistrates who serve
less than eight thousand four hundred in population shall be paid
up to one thousand seven hundred forty-eighttwo thousand seven
hundred ninety-five dollars per month and magistrate court clerks
serving magistrates who serve eight thousand four hundred or more
in population shall be paid up to two thousand one hundred fifty-
seventhree thousand two hundred and four dollars per month:
Provided, That on and after the first day of JanuaryJuly, two
thousand twosix, magistrate court clerks serving magistrates who
serve less than eight thousand four hundred in population shall be
paid up to one thousand nine hundred ninety-eightthree thousand
forty-five dollars per month and magistrate court clerks serving
magistrates who serve eight thousand four hundred or more in
population shall be paid up to two thousand four hundred seven
three thousand four hundred fifty-four dollars per month:
Provided, however, That after the effective date of this section,
any general salary increase granted to all state employees, whose
salaries are not set by statute, expressed as a percentage increase or an "across-the-board" increase, may also be granted to
magistrate court clerks. For the purpose of determining the
population served by each magistrate, the number of magistrates
authorized for each county shall be divided into the population of
each county. The salary of the magistrate court clerk shall be
established by the judge of the circuit court, or the chief judge
of the circuit court if there is more than one judge of the circuit
court, within the limits set forth in this section.
(c) In addition to other duties that may be imposed by the
provisions of this chapter or by the rules of the Supreme Court of
Appeals or the judge of the circuit court or the chief judge of the
circuit court if there is more than one judge of the circuit court,
it is the duty of the magistrate court clerk to establish and
maintain appropriate dockets and records in a centralized system
for the magistrate court, to assist in the preparation of the
reports required of the court and to carry out on behalf of the
magistrates or chief magistrate if a chief magistrate is appointed,
the administrative duties of the court.
(d) The magistrate court clerk, or if there is no magistrate
court clerk in the county, the clerk of the circuit court, may
issue all manner of civil process and require the enforcement of
subpoenas and subpoenas duces tecum in magistrate court.§50-1-9. Magistrate assistants; salary; duties.
(a) In each county there shall be one magistrate assistant for each magistrate. Each magistrate assistant shall be appointed by
the magistrate under whose authority and supervision and at whose
will and pleasure he or she shall serve. The assistant shall not
be a member of the immediate family of any magistrate and shall not
have been convicted of a felony or any misdemeanor involving moral
turpitude and shall reside in the State of West Virginia. For the
purpose of this section, "immediate family" means the relationships
of mother, father, sister, brother, child or spouse.
(b) A magistrate assistant shall have the duties, clerical or
otherwise, assigned by the magistrate and prescribed by the rules
of the Supreme Court of Appeals or the judge of the circuit court
or the chief judge of the circuit court if there is more than one
judge of the circuit court. In addition to these duties,
magistrate assistants shall perform and are accountable to the
magistrate court clerks with respect to the following duties:
(1) The preparation of summons in civil actions;
(2) The assignment of civil actions to the various
magistrates;
(3) The collection of all costs, fees, fines, forfeitures and
penalties which are payable to the court;
(4) The submission of moneys, along with an accounting of the
moneys, to appropriate authorities as provided by law;
(5) The daily disposition of closed files which are to be
located in the magistrate clerk's office;
(6) All duties related to the gathering of information and
documents necessary for the preparation of administrative reports
and documents required by the rules of the Supreme Court of Appeals
or the judge of the circuit court or the chief judge of the circuit
court if there is more than one judge of the circuit court;
(7) All duties relating to the notification, certification and
payment of jurors serving pursuant to the terms of this chapter;
(8) All other duties or responsibilities whereby the
magistrate assistant is accountable to the magistrate court clerk
as determined by the magistrate.
(c) Magistrate assistants shall be paid a monthly salary by
the state. Magistrate assistants serving magistrates who serve
less than eight thousand four hundred in population shall be paid
up to one thousand four hundred seventy-fourtwo thousand five
hundred twenty-one dollars per month and magistrate assistants
serving magistrates who serve eight thousand four hundred or more
in population shall be paid up to one thousand seven hundred
thirty-twotwo thousand seven hundred seventy-nine dollars per
month: Provided, That on and after the first day of JanuaryJuly,
two thousand twosix, magistrate assistants serving magistrates who
serve less than eight thousand four hundred in population shall be
paid up to one thousand seven hundred twenty-fourtwo thousand
seven hundred seventy-one dollars per month and magistrate
assistants serving magistrates who serve eight thousand four hundred or more in population shall be paid up to one thousand nine
hundred eighty-twothree thousand twenty-nine dollars per month:
Provided, however, That after the effective date of this section,
any general salary increase granted to all state employees, whose
salaries are not set by statute, expressed as a percentage increase
or an "across-the-board" increase, may also be granted to
magistrate assistants. For the purpose of determining the
population served by each magistrate, the number of magistrates
authorized for each county shall be divided into the population of
each county. The salary of the magistrate assistant shall be
established by the magistrate within the limits set forth in this
section.

NOTE: The purpose of this bill is to increase salaries for
magistrate clerks, magistrate assistants and magistrate deputy
clerks.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.